8 teacher, my understanding is, if my perm is pending, I can file one year extension, right?
-Not really true. Only your PERM has been filed for at least one year (no matter whether it is approved or still pending), then you can extend your H1 for one year beyond the 6 year limit. So, the only solution in your case is that after your PERM is approved, then file I-140 immediately using proemium processing to get it approved in 15 days and then file the H1 extension beyond the 6 year limit for 3 years.
as my current H1b is ending 9/30, if I don't file extend, and if my perm is still pending on 9/30, will I be out of status if there is no H1B extension pending? I filed one year plus my out of China 2 months, so total about 1 year and two months. Did I just waste my $329 on it?
-Your h1 extension petition may be approved for 2 months (make-up your stay in China 2 months) if you provided the evidences with the filing that your visiting China for two months during the 6 year H1 duration.
